WOW--#crypto lawyers will be EVEN BUSIER over the break (as if the Mnuchin rule, SEC v Ripple & CSBS v OCC lawsuits weren't enough...). There are weeks when decades happen, as they way. For crypto law, this is one of those weeks
2/ PS--I suspect both SEC moves this week are tied to @coinbase's IPO filing, which will force the open questions re: which cryptos are securities to be answered in 2021. As mentioned earlier, IMHO the SEC will be one of (if not *THE*) most important players in US #crypto in 2021
3/ oops -- as they *say (excuse the typo!)
4/ OVERALL this is positive from the SEC bc it's enabling rather than restrictive (ie, if a b/d does these things, it'll be safe).
WOW--do I ever see common themes btwn SEC's expectations & #Wyoming's digital asset rules.😉🤠Yet again, a Wyoming #SPDI charter is lookin' v good!
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2/ But lemme connect 3 dots abt how it relates to #crypto
* There's a SHORTAGE of collateral (T-bills, etc)--the stuff big dealer banks NEED in order to fund themselves. Facebook Libra/Diem could worsen that shortage a lot, so you can see why central bankers view it as a threat.
3/ The #repo mkt periodically has disruptions caused by collateral shortages/undercapitalization of the big dealer banks. @JeffSnider_AIP looks at March 2020 in this piece but many other examples exist, eg Lehman in 2008. When repo mkt seizes up, the probs ripple across fin mkts.
As #Ethereum works thru its #hardfork, worth asking these ?s abt your exchange/custodian:
* if it no longer supports the old chain, can it just break its contract w/ you?
* can it keep the forked coins or must it give them to you? #Wyoming law has consumer protections for this!🤠
It's situations like this that will REALLY set apart exchanges/custodians using #Wyoming law to govern their contracts w/ US customers. 🤠Non-Wyoming law intermediaries tend to have contracts that favor the intermediaries🙁, & courts tend to uphold them: coindesk.com/appeals-court-…
3/ One thing seems clear--there will be more litigation in the US for situations like this (bc there's more value involved now vs past). Also Cred bankruptcy, which is first substantial #crypto bankruptcy in US courts, has already attracted attn of consumer protection advocates
2/ Lack of clarity has kept the HUGE #RIA & asset mgr market out of #crypto but this should help. Sum:
* banks are #qualifiedcustodian by def'n, but
* state-chartered trust cos may not be
RIA must defend that a state trust co provides as much protection as a bank, broker, FCM.
3/ Consider how SEC frames the ?s:
* do state trust cos have "characteristics similar to" institutions "SEC has identified as QCs" (ie, state trust cos aren't in group SEC identifies as QCs)
* wld state trust co as QC add gaps/enhancements? (again the ? presumes they're not QCs)
3/ Follow along! Under SEC Custody Rule & SEC Customer Protection Rule, #RIAs (Registered Investment Advisers) & investment managers must hire a #qualifiedcustodian to store customers' assets.
But traditional custody banks can't/won't touch #bitcoin & other #crypto right now.
1/ FASCINATING MOVE by SEC on whether a trust company qualifies as a bank under its rules. This enforcement action doesn't pertain to #crypto specifically but it applies broadly to the key question--does a trust co qualify as a bank under SEC custody rule? sec.gov/enforce/33-108…
2/ Answer was a resounding "NO" in this case--the trust co didn't qualify for exemptions that apply to banks bc trust co didn't exercise "substantial investment authority." This is a KEY POINT--a trust co that doesn't act as a fiduciary is NOT A BANK under SEC's rules.
3/ This is one of the big reasons why #Wyoming created #SPDI bank charter--bc trust cos are prob not qualified custodians under SEC rules. To be a bank under SEC rules custodian must either (1) take deposits or (2) act as fiduciary. Trust cos can't take deposits (only banks can).
WHOA! What a speech by @CynthiaLummis (almost certainly about to become a US Senator) re why #bitcoin is a store of value, which may rise to be an alternative to the US dollar."I bought my first #bitcoin in 2013 bc I believe in the economic power of scarcity...now I'm a HODLer"🤠